Entire Blog Feedhttp://www.divorcelawfirmnewyork.com/Blog/Entire-Blog-Feed/RSS.xml
What Type of Divorce is Right for Me?http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2015/March/What-Type-of-Divorce-is-Right-for-Me-.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2015/March/What-Type-of-Divorce-is-Right-for-Me-.aspxMon, 02 Mar 2015 22:12:00 GMT<p>
Unfortunately, filing for
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce.aspx">divorce</a> is never easy. Even if you and your spouse appear to be on the same page,
things can still get messy. For this reason, you shouldn&rsquo;t try to
handle this process on your own. What you may not realize is that
<strong>there are numerous ways to legally end your marriage</strong>&mdash;including annulments, collaborative divorce, contested divorce,
uncontested divorce, no-fault divorce or even mediation&mdash;so it is
imperative that you understand all of your options before moving forward
with your case.
</p>
<p>With the help of a New York City divorce lawyer from Eiges &amp; Orgel,
PLLC, you can ensure that your case is handled effectively and efficiently.
We have been helping individuals and families throughout the state for
more than 35 years, which means that we can offer the experience and legal
insight that you will need during this difficult time. There is no &ldquo;one
size fits all&rdquo; solution to filing for divorce, so it is important
that you pursue a course of action that is best for you and the future
of your case. Call now to find out how we can help!</p>
<div class="fancyfont" style="margin-right:30px">
<h3>Contested Divorce vs. Uncontested Divorce</h3>
<p>
If you and your former spouse have decided to file for divorce under amicable
circumstances, it may be in your best interest to pursue an
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce/Uncontested-Divorce.aspx">uncontested divorce</a>. Unlike a contested divorce&mdash;which would be handled in court&mdash;an
uncontested divorce would allow the couple to make all of their own decisions.
This means that both parties would come to an agreement about all of the
terms of their separation, including matters like child custody, property
division, spousal maintenance, and more.
</p>
<p>
However, it is important to understand what an uncontested divorce is not.
This is not a chance for spouses to make decisions about most of the terms
of their separation. In an uncontested divorce, the couple must either
agree on all of these matters or convert their case into a
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce/Contested-Divorce.aspx">contested divorce</a>. For this reason, this course of action is only recommended if you and
your spouse can agree to cooperate. If this is not possible, you may have
to leave the decision-making up to the judge.
</p>
</div>
<div class="fancyfont" style="margin-left:30px">
<h3>Collaborative Divorce vs. Mediation</h3>
<p>
If you are looking for a way to save time and money on your divorce, you
may want to explore the options of collaborative divorce or mediation.
Both are similar in that they are handled outside of court. In
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Mediation.aspx">mediation</a>, the couple will negotiate the terms of their separation under the guidance
of a neutral third party. The mediator cannot make decisions for either
party; their role is to facilitate communication between both parties
so that a mutually beneficial agreement can be reached.
</p>
<p>
In a
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce/Collaborative-Divorce.aspx">collaborative divorce</a>, both parties would negotiate the terms of their divorce with separate
legal counsel. Unlike mediation, which would be guided by a neutral third
party, a collaborative divorce would allow both spouses to retain their
own legal representative. This can be beneficial for many reasons, but
namely because both sides would have someone looking out for their best
interests. If you are interested in learning more about either of these
processes, contact our firm today.
</p>
</div>
<div class="fancyfont" style="margin-right:30px">
<h3>No-Fault Divorce vs. Divorce Based on Fault</h3>
<p>
Up until October of 2010, it was impossible for a couple to file for divorce
in the state of New York unless they had reasonable grounds. Some of the
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce/Grounds-for-Divorce.aspx">grounds for divorce</a> previously included cruel and inhumane treatment, abandonment, imprisonment,
adultery or separation. Unless one of these factors could be established,
the court would not grant a divorce. Since then, however, it has become
possible for couples to file for divorce by stating the grounds of &ldquo;irretrievable
breakdown.&rdquo;
</p>
<p>
This means that the marriage is broken, and that the spouses are past the
point of reconciliation. This is the only grounds for a
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce/No-Fault-Divorce.aspx">no-fault divorce</a> in the state&mdash;which means that neither party would have to prove
that the other is at fault for the breakdown of their marriage. However,
even though no-fault divorce is now an option, this does not mean that
you cannot initiate a fault-based divorce. If your spouse had an affair,
for example, you could still state this as the reason for your divorce.
</p>
</div>
<div class="fancyfont" style="margin-left:30px">
<h3>Do you have grounds to seek an annulment?</h3>
<p>
Although this option is rarely used,
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce/Annulments.aspx">annulments</a> are another way to legally end your marriage. An annulment essentially
declares the marriage null and void, while a divorce would dissolve the
marriage completely. However, you can only seek an annulment under very
specific circumstances. Essentially, the court would only grant an annulment
in cases of a void or voidable marriage. A void marriage would include
instances of incestuous marriages (i.e. the spouses are blood relatives).
</p>
<p>Voidable marriages would include instances where one party was legally
unable to consent to the marriage or provide the lasting benefits of a
marriage. For example, the court may grant an annulment if one spouse
was under the age of consent at the time of the marriage, mentally incapable
of consenting to the marriage, or forced to participate in the marriage
while under duress. If one party is unable to consummate the marriage,
the court may also agree to void the marriage.</p>
</div>
<p align="center"><strong>
<em>
If you would like to explore your options with the help of a New York divorce
attorney from Eiges &amp; Orgel, PLLC, please do not hesitate to set up a
<a href="http://www.divorcelawfirmnewyork.com/Case-Evaluation.aspx">no-cost, comprehensive case evaluation</a>.
</em>
</strong></p>Eiges & Orgel, PLLCUnderstanding Child Custodyhttp://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2015/February/Understanding-Child-Custody.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2015/February/Understanding-Child-Custody.aspxThu, 19 Feb 2015 21:24:00 GMT<p>So you and your spouse are splitting up, but what about the kids? When
divorcing, it&rsquo;s imperative to understand the nuances of child custody
and what they mean for you and your family.</p>
<h3>Best Interest of the Child:</h3>
<p>New York Domestic Relations Law &sect;70(a) dictates that:</p>
<blockquote cite="http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1901&amp;context=dlj">&ldquo;in all cases there shall be no prima facie right to the custody
of the child in either parent, but the court shall determine solely what
is for the best interest of the child, and what will best promote its
welfare and happiness , and make award accordingly&rdquo;</blockquote>
<p>
(
<em>emphasis added</em>).
</p>
<p><strong>The courts understand this to mean as follows: </strong></p>
<blockquote cite=" http://www.jdbar.com/Cases/lincoln.html">&ldquo;In a custody proceeding arising out of a dispute between divorced
parents, the first concern of the court is and must be the welfare and
the interests of the children. Their interests are paramount. The rights
of their parents must, in the case of conflict, yield to that superior
demand. Lincoln v. Lincoln, 24 N.Y.2d 270, 299 N.Y.S.2d 842, 247 N.E.2d
659 (1969).</blockquote>
<p>
This statutory standard, as applied by the courts, is known as the
<strong>
<em>best interest of the child standard</em>
</strong>. When the courts become involved in a determination of your family&rsquo;s
post-divorce dynamic, the court is going to make such a determination
using the best interest of the child standard.
</p>
<h3>Custody Awards:</h3>
<p>
<strong>Joint Custody: </strong>An award of joint custody requires a great deal of cooperation between
parents. Encompassed in a joint custody determination are the concepts of
<strong>
<em>legal custody</em>
</strong> and
<strong>
<em>physical custody</em>.
</strong>
</p>
<ul>
<li>
<strong>Legal custody:</strong> Concerns decision-making with respect to a child&rsquo;s welfare, education,
religious upbringing, etc. It is often referred to as
<strong>
<em>joint decision-making. </em>
</strong>A grant of legal custody gives a parent the authority to make major decisions
regarding the child and their wellbeing. Joint legal custody requires
the parents to confer and collaborate in the making of these upbringing choices.
</li>
</ul>
<ul>
<li>
<strong>Physical custody:</strong> Involves the child&rsquo;s residence as well as the day-to-day physical
care and supervision of a child. Physical custody may be shared by cooperating
parents who can agree upon a schedule by which the child moves between
the homes of the two parents. This division of time may be equal or disparate
depending on the family situation. Physical custody is also referred to as
<strong>
<em>residential custody.</em>
</strong>
</li>
</ul>
<p>
When a court awards joint custody,
<strong>
<em>joint decision-making</em>
</strong> is often conferred equally upon both parents. However, one parent may
be granted final decision making ability. An award of
<strong>
<em>joint legal custody</em>
</strong> does not necessitate
<strong>
<em>joint physical custody</em>
</strong>.
</p>
<p>Joint custody is only appropriate where the parents are capable of sharing
responsibilities and decision making without significant conflict. The
concept of joint custody envisages a positive and collaborative relationship
among divorced or separated parents. In New York, before a grant of joint
custody, courts will look to the stability and amicability of the parental
relationship.</p>
<p>
Joint custody requires parents to be in consistent contact and to discuss
major and difficult decisions in a productive manner. As can be imagined,
two individuals who have decided to break up often cannot simply set aside
their issues to co-parent in a mature and civilized manner. As a result,
New York courts are generally hesitant to award joint custody. In making
this determination a presiding court may look to a myriad of factors such
as the parents&rsquo; ability to cooperate, the age of the child, the
desires of the child, the geographic distance between the parties, the
individual home environments, the nurturing capability of each parent,
and the existing relationships between each parent and child. Ultimately,
<strong>
<em>the best interest of the child</em>
</strong> is controlling.
</p>
<p>
<strong>Sole Custody: </strong>An award of
<strong>
<em>sole custody</em>
</strong> assigns to one parent both
<strong>
<em>legal and physical</em>
</strong>
<strong>
<em>custody</em>
</strong>
<strong>
<em>.</em>
</strong> This parent is often called the
<strong>
<em>custodial parent</em>
</strong>. The non-custodial parent is generally granted
<strong>
<em>visitation rights</em>
</strong>. Furthermore, while one parent may have primary custody, this parent may
be required to deliberate with the non-custodial parent about certain
child care decisions.
</p>
<h3>Modification:</h3>
<p>Once a final award of custody has been granted based on the best interest
of the child, a modification may only be permissible upon a showing of
a substantial change in circumstances. The deciding court must contemplate
the totality of the circumstances to determine whether a modification
of custody is necessitated by the best interest of the child.</p>Eiges & Orgel, PLLCHow to Find the Right Attorney Onlinehttp://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2015/February/How-to-Find-the-Right-Attorney-Online.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2015/February/How-to-Find-the-Right-Attorney-Online.aspxTue, 17 Feb 2015 19:49:00 GMT<p>
<strong>Finding the right family lawyer isn&rsquo;t easy</strong>. If you&rsquo;re facing a legal issued related to your marriage, children,
or family, you need an attorney with the right experience, skills, and
knowledge to make a difference in the outcome of your case. If you&rsquo;re
in the market for a family attorney, the first thing you should do is
ask a friend for a recommendation. Without a recommendation, the best
way to choose an attorney is to find one online.
</p>
<p>
First,
<strong>call the office and see how fast your call is transferred to an attorney</strong>. Determine if you can relate to the attorney you are speaking to. If you
like the attorney you are speaking to, &ldquo;do your homework&rdquo;
before making a final decision. Remember, if you can&rsquo;t get an attorney
on a phone or at least a quick call back when you call with a new case,
ask yourself how fast that attorney will respond if you become their client.
</p>
<p>
At Eiges &amp; Orgel, PLLC, we are here to help you understand the best
way to choose an attorney from the web, regardless of the complexity of
your case. If you need to speak to a lawyer today, call our office at
(888) 372-9141 to get in touch with our firm and schedule an evaluation
of your case.
<strong>The sooner we hear from you, the sooner we can help. </strong>
</p>
<p>Step One: Find an Attorney Who Serves Your Area</p>
<p>Some lawyers are willing to travel to meet the needs of their clients;
others aren&rsquo;t. Do a quick online search for family law and divorce
attorneys in your general area, then narrow down your selections by those
who are willing to serve your specific region.</p>
<p>Step Two: Do Your Homework</p>
<p>
Most law firms have a considerable amount of information on the web. If
a law firm has the experience you need to back your case, it will advertise
these qualifications online.
<strong>Some factors to consider:</strong>
</p>
<ul>
<li>Years of Experience</li>
<li>
<strong>Ignore</strong> Awards &amp; Peer Recognition. Most attorneys manipulate the system to
get high ratings.
</li>
<li>
<strong>Ignore</strong> Accolades &amp; Memberships. Any attorney can join almost any association
and many attorneys fabricate their reviews.
</li>
<li>Practice Areas &ndash; Find an attorney who limits his / her legal practice
to family and divorce law.</li>
<li>Education &amp; Special Experience</li>
</ul>
<p>Step Three: Set Up a Case Evaluation (Or Two, or Three)</p>
<p>Many lawyers offer consultations to prospective clients. Once you have
spoken to a number of lawyers, determine which lawyers have the qualifications
your case needs, schedule and appointment to discuss your case. No-cost,
no-obligation consultations can help you understand your legal rights,
as well as give you the opportunity to ask potential legal advocates important
questions about themselves. Be careful if an attorney oversells his services
or makes promises.</p>
<p>Step Four: Ask the Right Questions</p>
<p>
Like any important decision, choosing the right legal representation takes
research. Come to your case evaluation with questions to ask &ndash; not
only about your specific case, but about the firm&rsquo;s ability to handle them.
<strong>Here are some important questions to ask a prospective lawyer during the
consultation:</strong>
</p>
<ul>
<li>How many cases have you handled similar to mine?</li>
<li>How many clients do you work with at a given time?</li>
<li>How much will it cost to work with you?</li>
<li>What is your philosophy of representation?</li>
<li>Will you solely be responsible for my case, or will I work with other members
of the firm too?</li>
</ul>
<p>Contact Our New York Divorce Attorneys to Learn More</p>
<p>
<strong>Legal representation isn&rsquo;t &ldquo;one size fits all.&rdquo; </strong>If you&rsquo;re searching for a divorce or family law attorney in New York,
speak to the legal team at Eiges &amp; Orgel, PLLC to learn about your
rights and options with our firm. With decades of legal experience and
a passion for serving our clients, we are confident in our ability to
provide the legal service that you deserve. To see if Eiges &amp; Orgel,
PLLC is the right firm for your case,
<a href="http://www.divorcelawfirmnewyork.com/Contact-Us.aspx">get in touch with us today</a> to schedule your no-cost, comprehensive case evaluation. Most clients
who meet us, retain us as their lawyers. There&rsquo;s a reason, call
and find out.
</p>Eiges & Orgel, PLLCAdvantages & Disadvantages to Online Divorce Serviceshttp://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2015/January/Advantages-Disadvantages-to-Online-Divorce-Servi.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2015/January/Advantages-Disadvantages-to-Online-Divorce-Servi.aspxThu, 08 Jan 2015 01:30:00 GMT<p>For some time now, the internet has had a growing role in divorce. In fact,
in 2011, it was estimated that nearly a third of all divorce filings contained
the word &quot;Facebook.&quot; While the internet has become an aggravating
factor to many couple&#39;s unions, it&#39;s also emerging as a resource
for those looking to dissolve their marriage. More and more frequently
in New York courts, online divorce services are a factor in resolving
a divorce settlement.</p>
<p>It&#39;s easy to see why these online divorce services can be attractive.
They promise hassle-free, affordable assistance to someone looking to
dissolve their marriage. New York, which only in the past few years has
caught up to other states&#39; progressive divorce laws, is now struggling
to keep up with properly defining and verifying online divorce services
for couples looking to put marriage behind them.</p>
<h3>What are &quot;online divorces?&quot;</h3>
<p>While they do offer some conveniences, there is no legally viable online
resource that can independently achieve a divorce. Online divorce services,
at least the types that have been found to be admissible in court, provide
divorce forms, nothing more. These forms need to be properly filed to
have any legitimacy in the eyes of the law.</p>
<p>There are other online services that offer paperwork help, web references
and resources, and consultations between a client and legal representatives.
These examples, however, rely more on using the web as a communication
avenue between a spouse and a legal service.</p>
<h3>Who should use online divorces?</h3>
<p>What should be noted first is that online divorce forms are only enforceable
in uncontested divorces. That is, divorces in which the filing and agreement
are not opposed by either spouse. Even if your divorce is uncontested,
there are other factors that should be present before seriously considered
an online divorce service.</p>
<p>For example, the following should be reviewed:</p>
<ul>
<li>If the marriage was short term</li>
<li>If there are no shared assets or debts</li>
<li>If there are no children</li>
<li>If any disagreements have already been mediated</li>
</ul>
<p>If all, or at least most of these factors are present in your marriage,
then online divorce services may be advantageous to you. If not, it is
highly recommended that you seek legal counsel before signing anything.</p>
<h3>Advantages &amp; Disadvantages</h3>
<p>If you do happen to find yourself in a position where an online divorce
service could provide legitimate documentation in court, there are still
other advantages and disadvantages to consider.</p>
<p><strong>Advantages to online divorces services include:</strong></p>
<ul>
<li>Reduced cost and avoided fees</li>
<li>Expedited service and procedure</li>
<li>Greater control and flexibility over reporting responsibilities</li>
</ul>
<p><strong>Disadvantages to online divorces services include:</strong></p>
<ul>
<li>Generic and invalid paperwork not admissible to court</li>
<li>Narrow or incomplete scope of state divorce laws</li>
<li>Loss of rights, properties, or protections not addressed in the documentation</li>
</ul>
<h3>Step by Step Practices for Online Divorce</h3>
<p>After a review of many of the websites offering to provide online divorce
services, procedural similarities can be found in the most reputable ones.</p>
<p><strong>By and large, these sites require every customer to go through a basic
three step process:</strong></p>
<ul>
<li>
<strong>Step 1: Determining eligibility.</strong> Customer must answer basic questions determining if the site&#39;s services
are applicable to their marriage. These address the state of residence,
the location of the other spouse, the other spouse&#39;s willingness to
sign, and other determining factors.
</li>
<li>
<strong>Step 2: Marriage information.</strong> A customer submits information on both spouses, their residences, children,
debts and assets, and any other information relevant to the marriage.
</li>
<li>
<strong>Step 3: Obtaining completed documents.</strong> After the other steps are completed, and a fee is processed, a proper
divorce document is generated and available to print for the customer.
If there are any oversights in the document, these forms are usually amendable.
</li>
</ul>
<p>In the best case scenario, the filing spouse does need to file the online
papers in person with a court clerk, but, if the documents are in order
and there are no ambiguities, the couple does not have to appear before a judge.</p>
<h3>Complications of Online Divorce</h3>
<p>While online divorce services will surely help some couples arrive at a
swift and affordable dissolution of their marriage, online divorce services
can also be a complicating factor for couples. Since these services have
such ease and accessibility, many spouses don&#39;t realize the gravity
of the decision to pursue of a divorce. The immediacy of these services
can cause a spouse to act rashly and surrender significant rights to decisions,
custody, or assets going forward. There have even been some cases in which
half-completed online divorce services have negatively affected a future
divorce negotiation.</p>
<p>This is why even in the face of these exciting new legal options that technology
offers, the counsel of a compassionate and knowledgeable New York City
divorce lawyer cannot be replaced. Even if you are contemplating using
an online service to expedite your divorce, it is highly recommended that
you seek proper legal counsel to make sure your rights are protected and
your elected service and paperwork are legally valid.</p>
<p><strong>
If you are considering divorce and want more information on how online
services can help or harm your efforts,
<a href="http://www.divorcelawfirmnewyork.com/Contact-Us.aspx">contact a representative</a> at Eiges &amp; Orgel PLLC today!
</strong></p>Eiges & Orgel, PLLCUnderstanding Palimony Laws in New Yorkhttp://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/December/Understanding-Palimony-Laws-in-New-York.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/December/Understanding-Palimony-Laws-in-New-York.aspxTue, 30 Dec 2014 21:08:00 GMT<p>Thanks to Sesame Street, palimony has been a frequent topic of discussion
in recent news. The term &quot;palimony&quot; describes a claim made by
one party in a non-marital relationship against the other party for either
support or property.</p>
<p>New Jersey actor Roscoe Orman, 70, is best known as Gordon on the iconic
children&#39;s television show, Sesame Street. In August, 2013, he was
ordered by a New Jersey Superior Court Judge to continue making palimony
payments to the mother of his four children and former girlfriend of 39
years, despite the fact that Orman&#39;s alleged promise to provide for
her for the rest of her life was not in writing.</p>
<p>The Judge&#39;s ruling contradicted a 2010 amendment to the New Jersey
Statute of Frauds, which says that such promises must be in writing in
order to be legally enforceable.</p>
<p>While no such amendment exists in New York, the courts do not typically
recognize palimony agreements.</p>
<p>Nevertheless, with increasing rates of unmarried cohabitation and of births
outside of wedlock, non-married, cohabiting couples can and should consider
entering into cohabitation agreements in order to protect their individual
interests.</p>
<p>A cohabitation agreement is essentially a written contact, similar to a
prenuptial agreement, which outlines how the parties will divide property,
assets and expenses in the event that they ever separate.</p>
<p>Couples that are interested in entering into a cohabitation agreement should
consult with an experienced family law attorney who can help them sort
out the important details and draft it to their liking.</p>Eiges & Orgel, PLLCThree Unexpected Reasons for Divorcehttp://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/October/Three-Unexpected-Reasons-for-Divorce.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/October/Three-Unexpected-Reasons-for-Divorce.aspxThu, 16 Oct 2014 22:13:00 GMT<p>
You might think that communication (or lack thereof) is one of the most
common reasons for divorce in the United States. A recent study shows
that faulty communication may be just a symptom of another issue. In fact,
experts identified a slew of divorce causes that weren&#39;t related to
communication at all.
<strong>Three of the most common causes were:</strong>
</p>
<ul>
<li>Loneliness</li>
<li>Children</li>
<li>Change</li>
</ul>
<p>
It&#39;s true, marriage can fulfill the basic need for companionship. But
some marriages don&#39;t. In fact,
<strong>loneliness</strong> is a common reason for divorce. Couples who marry to cure their loneliness
can feel disappointed because marriage doesn&#39;t always fix the problem.
In a recent article, a clinical psychologist and blogger said that, &quot;Marriage
is intended to be a place where two humans share the experience of loneliness.&quot;
This doesn&#39;t mean that marriage partners should feel isolated, but
it is important to remember that togetherness doesn&#39;t always happen.
</p>
<p>
While
<strong>children</strong> can make a marriage stronger, studies show that parenting can lead to
divorce. According to experts, this happens when one or both parents prioritize
their children over their spouse. The result? Misplaced priorities and
tension between parents, especially once the children leave the home.
Situations like this are a major contributor the grey divorce; the growing
occurrence of divorce in couples over 50 years old. Differences in parenting
style can lead to serious marital tension as well.
</p>
<p>
The final &ndash; and possibly most surprising &ndash; reason for divorce
is change. Not change in circumstances, but change of character. Many
people marry someone that they like. This is reasonable, but it&#39;s
not the foundation for a lasting marriage relationship.
<strong>People change</strong>, and with that change comes the possibility of divorce. Change can make
marriages stronger, but it can damage them if the status quo is what holds
the relationship together.
</p>
<p align="center"><strong>If you are considering a divorce, speak with an attorney from Eiges &amp;
Orgel, PLLC today.</strong></p>Eiges & Orgel, PLLCWhat is the Difference Between Divorce and Legal Separation?http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/September/What-is-the-Difference-Between-Divorce-and-Legal.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/September/What-is-the-Difference-Between-Divorce-and-Legal.aspxMon, 15 Sep 2014 21:10:00 GMT<p>You might think the terms &quot;divorce&quot; and &quot;legal separation&quot;
mean the same thing, but these are actually separate legal terms. In fact,
divorce and legal separation are, in a certain sense, opposites. The main
difference is that divorce legally terminates the marriage, while legal
separation does not.</p>
<p>If a couple is legally separated, the husband and wife may function much
like a divorced couple, but without the legal ramifications of an actual
divorce. Some couples, for example, legally separate to maintain insurance
benefits. In short, legal separation allows couples to pursue separate
lives while preserving the financial advantage of being married.</p>
<h3>Reasons to Choose Legal Separation</h3>
<p>Couples choose legal separation for many reasons. Every marriage is different,
and so is every divorce. Common reasons include:</p>
<ul>
<li>
<strong>Religious Beliefs </strong>
<br> If a couple&#39;s religious beliefs obligate them to stay married, legal
separation may be a viable option.
</li>
<li>
<strong>Healthcare Benefits</strong>
<br> Unlike divorce, legal separation allows you to maintain your current healthcare
benefits as a spouse.
</li>
<li>
<strong>Personal Reasons </strong>
<br> Some married couples want to spend time apart without seeking a full divorce;
legal separation allows them to do this.
</li>
</ul>
<h3>&quot;Do I need an attorney for file for legal separation?&quot;</h3>
<p>You are not required to seek legal guidance to file for legal separation,
but the process does require paperwork and some negotiation. In fact,
legal separation often deals with issues that are similar to divorce.
These include:</p>
<ul>
<li>Child Custody</li>
<li>Visitation</li>
<li>Spousal Support</li>
<li>Child Support</li>
</ul>
<p>With an attorney, you can seek the best separation agreement for you, you
spouse, and your children. If you are considering divorce or legal separation,
speak with a New York family law attorney from Eiges &amp; Orgel, PLLC
today. We offer more than 75 years of legal experience, thousands of successful
cases, and the skill and perseverance that only a seasoned advocate can bring.</p>Eiges & Orgel, PLLCLaws, Rates and "Ease of Divorce" - How New York Stacks Uphttp://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/August/Laws-Rates-and-Ease-of-Divorce-How-New-York-Stac.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/August/Laws-Rates-and-Ease-of-Divorce-How-New-York-Stac.aspxThu, 28 Aug 2014 13:35:00 GMT<p><span style="line-height:1.6">
Did you know that New York has one of the lowest
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce.aspx">divorce</a> rates in the United States? This could be because it is not necessarily
an easy process, as compared to other states. A helpful report and comparison
of laws, rates and filing fees can offer insight regarding divorce basics
in New York.
</span></p>
<p>
According to information on
<a href="http://divorce-laws.findthebest.com/" target="_blank">FindTheBest</a>, the annual divorce rate in New York is 7 per 1,000 residents, the second-lowest
in the country behind New Jersey, which has a rate of 6 per 1,000 residents.
Several other states also have a 7/1000 divorce rate, including Massachusetts,
Minnesota, Pennsylvania, Wisconsin and the District of Columbia. The state
with the highest divorce rate is Alaska, at 14 per 1,000 residents.
</p>
<p>There are several factors that may influence a particular state&#39;s divorce
rate. Divorce laws, filing fees and the subsequent &quot;ease of divorce&quot;
in the state may influence whether married couples file for divorce. In
FindTheBest has given Alaska, as an example, an &quot;ease of divorce&quot;
score of 100, meaning it would be the easiest to get divorced in that
state. This score is based on the sum of divorce waiting periods required
by the state as well as filing fees. In Alaska, filing fees are listed
at $150 and the minimum total processing time is 30 days.</p>
<p>In comparison, New York has an &quot;ease of divorce&quot; score of 30,
the seventh-lowest listed. Filing fees are listed at $335, the fifth-highest
of all states, and the minimum total processing time is listed at 360 days.</p>
<p>Here is some more basic information regarding divorces in New York:</p>
<ul>
<li>
The state allows for judicial
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Legal-Separation.aspx">separation</a>. Also referred to as legal separation, this allows a married couple to draft an
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Legal-Separation/Separation-Agreements.aspx">agreement</a> that allows them to live legally separate without dissolving the marriage.
</li>
<li>One or both spouses must have resided in New York for at least 12 months
to file in the state.</li>
<li>There is no waiting period for a person to file for divorce in New York.
In some states, a couple must have been married for a certain amount of
time in order to file.</li>
<li>
As of 2010, New York allows for
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce/No-Fault-Divorce.aspx">no-fault divorce</a> on the basis of an &quot;irretrievable breakdown&quot; of the marriage,
for at least six months. Divorce may also be granted on the basis of legal
separation for at least 12 months or fault, which may include cruel and
inhuman treatment, abandonment, imprisonment or adultery.
</li>
<li>
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Equitable-Distribution/Property-Division.aspx">Property division</a> will be determined on an
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Equitable-Distribution.aspx">equitable</a> basis. While in some states property is considered community property
and divided 50/50 between divorcing spouses, in New York it will be divided
in what is considered a fair basis.
</li>
<li>
The determination of
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Spousal-Support.aspx">spousal support</a> (often referred to as &quot;alimony&quot;)is conducted based on a set
list of guidelines and may include consideration of such factors as standard
of living and child custody.
</li>
<li>
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Child-Custody.aspx">Child custody</a> will be determined based on the child&#39;s best interests and may include
taking the following factors into consideration: the child&#39;s wishes,
domestic violence (if any), each parent&#39;s living situation, the amount
of time spent with the child by each parent, and more.
</li>
</ul>
<p>
Interested in learning more about divorce in New York? With extensive experience
in this complex area of law, a
<a href="http://www.divorcelawfirmnewyork.com/Case-Evaluation.aspx">New York City divorce lawyer</a> at Eiges &amp; Orgel, PLLC may be able to help you get the answers you
need to make informed choices about your case. Because legal issues and
complicated financial matters are involved, you may benefit from involving
a professional who can protect your interests. Call today!
</p>Eiges & Orgel, PLLCIs Divorce Contagious? Insight on "Copycat Divorce"http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/August/Is-Divorce-Contagious-Insight-on-Copycat-Divorce.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/August/Is-Divorce-Contagious-Insight-on-Copycat-Divorce.aspxWed, 27 Aug 2014 20:54:00 GMT<p><span style="line-height:1.6">If you have friends or family members who are divorced, are you more likely
to get divorced as well? A recent study focused on so-called &quot;copycat
divorces&quot; in the United States and revealed some interesting information
regarding this subject.</span></p>
<p>
According to an April 2014 joint study from Brown University, Yale University
and the University of California, San Diego (UCSB),
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce.aspx">divorce</a> can be contagious, spreading like a disease among social networks. Among
researchers&#39; findings: one may be up to 75% more likely to get divorced
if a close friend is divorced.
</p>
<p>To conduct the study, which has garnered national attention since its release,
researchers analyzed data from the Framingham Heart Study. This study
tracked more than 12,000 people in Framingham, Massachusetts since 1948.
On analyzing longitudinal data from the Framingham study, researchers
at Brown, Yale and UCSB came to the conclusion that people can be influenced
when couples they know break up or get divorced.</p>
<p>Researchers found that emotional or psychological closeness to a divorcee
can influence one&#39;s own likelihood for divorce, rather than physical
closeness or geographical location. A person whose close friend was divorced
was found to be up to 75% more likely to get divorced as well, a person
with a divorced co-worker was 55% more likely to get a divorce and a person
with a divorced sibling was 22% more likely to get a divorce, as compared
to people with married friends, co-workers and siblings. Even a person
who witnessed the divorce of a friend of a friend, with no direct contact,
was 33% more likely to get divorced.</p>
<p>
Comparing divorce to a contagious disease may seem a stretch, but this
study&#39;s researchers, who titled their working paper
<em>Breaking Up Is Hard to Do, Unless Everyone Else is Doing it Too</em>, seem to have found a possible link. A widespread study including more
subjects over a greater geographical area would yield additional and more
accurate results, but if witnessing or hearing about another&#39;s divorce
can influence one&#39;s own marriage and likelihood of divorce, we should
be careful to take our own opinions and feelings into account when making
decisions on such important matters.
</p>
<p>This study makes sense to a degree, when you consider what impact a close
friend, family member or co-worker&#39;s experiences may have on your
own decisions. If you witness a co-worker who is in an unhappy marriage
and gets a divorce, you may consider what impact a divorce may have on
your own life. If you are already dissatisfied, these thoughts may blossom
into intentions. If your co-worker seems happier separated or divorced,
you may even begin to wonder if this is the right choice for you.</p>
<p>Of course, every relationship is different and a solid marriage will not
be easily influenced by scores of divorced friends or co-workers. Each
person will respond differently to another&#39;s divorce and the impact
that a friend or family member&#39;s experience may have on your own relationship
cannot be accurately predicted, due to freedom of choice.</p>
<p>
If you have questions about divorce,
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Child-Custody.aspx">child custody</a> and other related issues, you can find helpful insight from a
<a href="http://www.divorcelawfirmnewyork.com/">New York divorce attorney</a> at Eiges &amp; Orgel, PLLC. It is important to consider the legal and
financial ramifications of a divorce in addition to the emotional and
psychological consequences. With our experience in these matters, we can
help you make informed choices about your own divorce or other family
law matter &ndash; whether or not you have divorced friends from whom
you draw experience, opinions or insight.
</p>Eiges & Orgel, PLLCWhat Happens to a Mortgage During Divorce?http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/August/What-Happens-to-a-Mortgage-During-Divorce-.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2014/August/What-Happens-to-a-Mortgage-During-Divorce-.aspxTue, 05 Aug 2014 17:39:00 GMT<p>Divorce is a long-term decision with financial ramifications. If you&#39;re
facing a divorce or dissolving a civil partnership, you probably have
a lot of questions about money, your rights, and the law. If you own a
house, one of the most important parts of the divorce process will involve
your mortgage and the question, &quot;What happens to a mortgage during
divorce?&quot; Most families have three options:</p>
<ul>
<li>One spouse keeps the home</li>
<li>Immediately selling the home</li>
<li>Selling the home in the future</li>
</ul>
<p>
Regardless of the option that you and your spouse choose, it is imperative that you
<strong>continuing paying your mortgage during the divorce, </strong>even if the payment seems unfair or inconvenient.
</p>
<h3>Who is liable for the mortgage payment?</h3>
<p>
Many couples agree to jointly own the property. This means that both individuals
are completely responsible for mortgage payments. If you and your partner
fail to keep up monthly payments, the mortgage company can seek payment
from you, your spouse, or both of you. If one spouse continuing living
in the house during the divorce process, the court may order
<em>spousal maintenance </em>so that he / she can afford the mortgage.
</p>
<h2>Transferring the Mortgage</h2>
<p>If one spouse agrees to assume full responsibility for the mortgage and
continue living in the home, he / she must have enough money to continue
making payments. Before the mortgage company will allow you to transfer
the property, you must demonstrate that the other party has the financial
means to pay for the house. If neither spouse can continue making the
mortgage payments, selling the home may be their best option.</p>Eiges & Orgel, PLLCLegacy "Dynasty" Trusts & Divorcehttp://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2013/November/Legacy-Dynasty-Trusts-Divorce.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2013/November/Legacy-Dynasty-Trusts-Divorce.aspxTue, 05 Nov 2013 17:37:00 GMT<p>Parties to a marriage set up Legacy trusts in order to be able to avoid
the claims of creditors avoid estate and gift taxes. These trusts can
run in perpetuity in certain states such as South Dakota. These trusts
require technical expertise to set up. One party to a marriage may be
more sophisticated and take charge in setting up the trust. The other
party to the marriage may not understand the nuances and unknowingly waive
their right to equitable distribution of property in the event the marriage
dissolves.</p>
<p>For example a trust may be designed to give one spouse distributions which
are not extended to the other spouse. The non-receiving spouse&#39;s capacity
under the trust might be defined in a manner where upon the divorce of
the parties the spouse may no longer be considered a beneficiary of the
trust. That spouse may not be entitled to the equitable division of the
marital property. If your spouse asks you to sign a trust agreement which
is governed by laws outside of this state and country such as Alaska,
South Dakota, Cook Islands, Bahamas, Cayman Island, Belize, Nevis and
more, you should consult with a New York Divorce Attorney to make sure
you do not lose rights to marital property.</p>Eiges & Orgel, PLLCMilitary Parents, Family Care Plans & Custodyhttp://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2013/November/Military-Parents-Family-Care-Plans-Custody.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2013/November/Military-Parents-Family-Care-Plans-Custody.aspxFri, 01 Nov 2013 19:34:00 GMT<p>If you are being deployed and want your children to live with another family
member, you have many options. That family member may petition for guardianship
or custody of the child in Family Court, you can sign a letter giving
that family member temporary decision-making right for the education and
health care of your child or you can appoint that family member as a short-term
or long term care provider in your Family Care Plan.</p>
<p>A single parent with sole custody who enlists in the Military is required
by the Department of Defense to provide his or her Commanding Officer
with a Family Care Plan. This plan appoints long-term and short-term care
providers. The plan details how your child should be cared for in your
absence. If there is a court order which gives custody to someone other
than you, then the Family Care Plan would be subject to the court order.</p>
<p>If you have custody and you are called to active duty or deployed, you
could lose custody of your child. The courts in New York only consider
what is in the best interest of your child. During the recent wars in
Iraq and Afghanistan many enlisted men and women served multiple tours
of duty. The absence of the parent in this situation could lead to severe
disruptions in the child&#39;s life. If the non-military parent makes
a request for custody, the judge can consider extended absences as a factor
in granting custody to the parent who had been caring for the child. Proper
notice must be given to the military parent and the non-military parent
has a high burden of proof to meet to have custody taken away from you.</p>
<p>If custody is granted to the non-military parent, the end of deployment
is considered a substantial change of circumstances and would give you
the opportunity to make an application to obtain custody of your child
if it was taken away from you.</p>
<p>If you have custody of your child and you are in the military, it would
be wise to consult with a custody lawyer to help create a situation where
it would be difficult to have custody taken away from you.</p>Eiges & Orgel, PLLCNew York Divorce Resources & Formshttp://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2013/October/New-York-Divorce-Resources-Forms.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2013/October/New-York-Divorce-Resources-Forms.aspxThu, 10 Oct 2013 16:13:00 GMT<p>
The
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce.aspx">divorce</a> process can be a difficult personal experience. It is also a challenging
legal process. As with any legal venture, pursuing a divorce or any other
family law action should be done with the assistance of an experienced
attorney. At Eiges &amp; Orgel, PLLC, our New York City divorce lawyers
make it a point to closely work with our clients and to guide them through
each step of their legal journeys. We offer our support, compassion, and
extensive resources to ensure that their needs and objectives are met.
</p>
<p>
Not only can working with a proven attorney provide you with the information
and assistance you need to navigate various divorce proceedings, but it
can also ensure that you are prepared to handle any complexities that
arise. The divorce process entails far more than completing paperwork
and ending a marriage, and the New York State Unified Court System strongly
suggests that individuals seeking a divorce work with legal representation
&ndash; even if the divorce is uncontested. This is because divorce also
involves additional procedures, including
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Equitable-Distribution/Property-Division.aspx">property division</a>, spousal support, and matters related to children.
</p>
<p>
Although our firm is prepared to offer full-service, step-by-step divorce
assistance, we also understand that local residents can access other resources
for information. The
<a href="http://www.nycourts.gov/divorce/forms.shtml" target="_blank">NYC courts website</a> has several forms and instructional materials that you can use to better
understand the process. The resources on this website include sample forms
for net worth statements, orders of protection, and parenting plans, among
others. The NY State Unified Court System also offers free instruction
booklets for individuals starting a divorce.
</p>
<p>
These forms and booklets can be a great resource for the information you
need, but there is simply no substitute for working with a New York divorce
attorney from our firm. Divorce cases are unique, and you should work
with a legal team that personally attends to your situation and explains
all information as it relates specifically to your case. If you would
like to schedule a free comprehensive consultation to learn more about
the divorce process and how we can help, fill out a
<a href="http://www.divorcelawfirmnewyork.com/Case-Evaluation.aspx">case evaluation</a> form or call (888) 372-9141.
</p>Eiges & Orgel, PLLCWhat to Look For in a New York Divorce Attorneyhttp://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2013/October/What-to-Look-For-in-a-New-York-Divorce-Attorney.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2013/October/What-to-Look-For-in-a-New-York-Divorce-Attorney.aspxWed, 02 Oct 2013 23:06:00 GMT<p>
At Eiges &amp; Orgel, PLLC, we know that local residents have many choices
for representation. We do feel, however, that our legal team and the services
we provide can make a real, profound difference in the legal experiences
of our clients and the outcomes of their cases. As any family law and
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Divorce.aspx">divorce</a> proceeding can have a long-term impact on your personal well-being, considering
who you choose to work with during this process is a crucial decision.
By considering the following points and what they mean to your case and
future, you can better understand why our firm&#39;s New York City divorce
attorneys are the right choice:
</p>
<p>
<strong>Supportive </strong>
<br> Each member of our legal team shares a passion for helping clients navigate
through tough personal times and difficult legal proceedings. We enjoy
what we do and we strive to support our clients throughout each stage
of their legal journeys. This means that we are:
</p>
<ul>
<li>Available to our clients</li>
<li>Prepared to immediately answer their questions</li>
<li>Willing to address all concerns</li>
<li>Focused on clearly explaining all aspects of our clients&#39; cases</li>
<li>Here for clients when they are in need, whenever they are in need</li>
</ul>
<p>
<strong>Attentive</strong>
<br> As family law matters are truly personal matters in which the law has
become involved, delivering
<strong>personal attention</strong> is not only the right thing to do, but also a key element of helping clients
achieve their goals. We work closely with the individuals and families
we represent, communicate constantly, understand their needs, and always
make it a point to handle their case on an individual basis.
</p>
<p>
<strong>Experienced</strong>
<br> Experience is essential. At Eiges &amp; Orgel, PLLC, our NYC divorce lawyers have
<strong>more than 75 years</strong> of combined experience. We have handled many different types of cases
for many different types of clients, and we draw from these experiences
to successfully resolve our clients&#39; cases today. Our experience is
one of our strongest suits &ndash; we&#39;ve
<strong>successfully handled thousands of divorces</strong> &ndash; and we know that it benefits our clients immensely.
</p>
<p>
Genuine support, personal attention, and experienced representation have
always been pillars of our practice. We know that we have the tools and
the talent to help clients through their unique family law proceedings
and we encourage anyone in need of legal assistance during the divorce process,
<a href="http://www.divorcelawfirmnewyork.com/Family-Law/Child-Custody.aspx">child custody</a> process, or any other family law proceeding to meet with our team and
learn how we can help.
</p>
<p>
Complete a free
<a href="http://www.divorcelawfirmnewyork.com/Case-Evaluation.aspx">case evaluation</a> form or call (888) 372-9141 to discuss your needs. We have offices located
in Manhattan, Queens, and Brooklyn.
</p>Eiges & Orgel, PLLCAttorney Ken Eiges Represents Bode Miller's Former Girlfriend in Bi-Coastal Custody Battlehttp://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2013/May/Attorney-Ken-Eiges-Represents-Bode-Millers-Forme.aspx
http://www.divorcelawfirmnewyork.com/New-York-Divorce-Blog/2013/May/Attorney-Ken-Eiges-Represents-Bode-Millers-Forme.aspxWed, 15 May 2013 17:39:00 GMT<p>
Represented by Attorney Ken Eiges, Bode Miller&#39;s ex-girlfriend will
<a href="http://nypost.com/2013/05/11/olympic-skier-bode-miller-wages-bicoastal-custody-battle-against-ex-girlfriend/" target="_blank">fight for custody of her 3-month-old son</a> with the Olympic skier. According to news sources, Miller wanted to conduct
the custody battle in California, instead of New York, where the child
and his mother currently live. The skier&#39;s attorney said that &quot;New
York is an inconvenient forum.&quot; Miller married his current spouse
while his ex-girlfriend was pregnant with their son. Allegedly, the athlete
pleaded for an abortion when he found out about the pregnancy. Now, Miller
wants to fight for parental rights.
</p>
<p>
&quot;If you look at the [text messages] from Bode Miller to my client,
he wanted nothing to do with the baby,&quot; Attorney Eiges said. One
message from Miller read:
<em>Why did you do this to me?</em> Miller and the child&#39;s mother met through a high-profile matchmaking
service last year. After dating for three months, the client admitted
that the relationship was a &quot;match made in hell.&quot; According
to Miller, the mother moved to New York because of the state&#39;s generous
child custody laws, which would allow the child to receive support from
Miller until he turned 21.
</p>
<p>
California family law only allows children to receive child support until their 18
<sup>th</sup> birthday. &quot;Why did she make a very precipitous decision to apply
to a college 3,000 miles away?&quot; questioned Miller&#39;s attorney,
&quot;It&#39;s no secret New York does not have a presumption as California
does of joint custody.&quot; In response, Attorney Ken Eiges explained
that the child&#39;s mother moved to New York to attend school. &quot;Where
my client wants to go to college is in New York. It&#39;s her right,&quot;
he said. A judge is expected to determine which state will host the custody
dispute by the end of May.
</p>Eiges & Orgel, PLLC